The Law came into force in October 2010 and created an independent Authority by transferring all responsibilities for licensing, registration and regulation to the new Commission. The Gambling Licensing Authority was also abolished and its role and responsibilities transferred to the Commission. However, functions in relation to the Channel Islands Lottery and Order-making powers remained with the Minister.
The Law introduced a set of Guiding Principles which the Commission must have regard to in the performance of all its functions and make certain that gambling services should –
These principles also consolidate those governing tenets of the Commission which are to ensure Jersey retains its excellent international reputation as a well-regulated jurisdiction and, while encouraging business growth, assure potential harm is minimised and programmes are introduced to protect the young and the vulnerable. In respect of the latter objective, the Commission has appointed a Social Responsibility Panel to provide advice and support. The Law requires the Commission to create a social responsibility fund, accounted for separately from its other funds and used solely for its responsible gambling function. This fund is financed by voluntary donation but also makes provision for raising a social responsibility levy on gambling service providers.
The Commission has a general duty to promote good practice and observance of the law on gambling, and enables the Commission to issue or approve codes of practice (including technical standards). Importantly, the Law sets out the framework whereby the Commission may co-operate with overseas authorities performing similar functions or prosecuting offences relating to gambling. It enables the Commission to exercise approved powers in Jersey, on a request from an overseas authority, even though no legislation has been contravened in Jersey and even though there will be no direct benefit to the Commission’s own functions. The Commission can take account of whether the assistance is likely to be reciprocated, and must be satisfied that the request is for legitimate purposes.
11.280 Gambling Commission (Jersey) Law 2010
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